United States First Circuit

District court denial of journalist's request to make public various sealed documents in a criminal case arising out of a scheme to defraud restaurant franchisor Dunkin' Brands is: 1) affirmed in part, where there is no First Amendment or common law right of public access to the pre-trial subpoenas and related documents, and no showing of special need was made; and 2) vacated in part and remanded, where sentencing memoranda and sentencing letters submitted by third parties on the defendants' behalf are subject to the common law presumption of public access. The appropriate remedy in this case is for the district court to determine whether the parties have offered sufficient justification for sealing, and to articulate the reasons for its decision.

Appellate Information

• Decided 01/30/2013
• Published 01/30/2013

Judges

• HOWARD

Court

• United States First Circuit

Counsel